intrusion’: Mosley v UK (Application No 48009/08), 10 May
2011 at 104. In a real sense, therefore, it could be said that there
was nothing left for the court to protect by an injunction.
19.
Here, the Internet allegations prayed in aid by Mr
Spearman took place after the order was made. Different policy
considerations come into play when the court is invited to
abandon the protection it has given a litigant on the basis of
widespread attempts to render it ineffective. Furthermore,
unlike the Mosley case, there is no doubt other information that
Ms Thomas could yet publish, quite apart from this claimant’s
identity, which is not yet in the public domain. The injunction
thus continues to serve a useful purpose, from the claimant’s
point of view, for that reason alone, since she is amenable to
the jurisdiction of the court. Otherwise, he would not seek to
maintain it.
20.
Mr Spearman’s application is therefore quite narrow. He
seeks only to vary the injunction so as to permit the claimant to
be identified. …”
In the circumstances, Eady J held that even identification should not be permitted.
It will be apparent that the circumstances in CTB bore some relevant similarities to
those of the present case. In particular, reliance was placed on internet disclosures
subsequent to the original injunction in support of an application to set aside the
injunction on the basis that it served no further useful protective purpose. This
situation was distinguished in principle from that where an injunction is granted after
substantial internet disclosure. The substantial internet disclosure which had
occurred after the injunction was not regarded as justifying the lifting of the
injunction. The injunction, enforceable against the defendant, was seen as
continuing to serve a useful purpose.
29.
As to the general suggestion that injunctions really have no sensible place in
an internet age, Eady J said:
“23. It is important always to remember that the modern law
of privacy is not concerned solely with information or ‘secrets’:
it is also concerned importantly with intrusion. … [That] also
largely explains why it is the case that the truth or falsity of the
allegations in question can often be irrelevant: see eg
McKennitt v Ash [2008] QB 73 at 80 and 87.
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